Common use of Mutilated, Destroyed, Lost or Stolen Residual Certificate Clause in Contracts

Mutilated, Destroyed, Lost or Stolen Residual Certificate. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Mae or the Certificate Registrar, or (ii) Xxxxxx Xxx receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Mae such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Xxx that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Mae shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Xxx may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 5 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

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Mutilated, Destroyed, Lost or Stolen Residual Certificate. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Mae Xxx or the Certificate Registrar, or (ii) Xxxxxx Xxx Mae receives evidence to its satisfaction of the destruction, loss or theft of any Residual Certificate, and there is delivered to Xxxxxx Mae Xxx such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Xxx Mae that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Mae Xxx shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Xxx Mae may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificate. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Mae Xxx or the Certificate Registrar, or (ii) Xxxxxx Xxx Mae receives evidence to its satisfaction of the destruction, loss or theft of any the Residual Certificate, and there is delivered to Xxxxxx Mae Xxx such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Xxx Mae that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Mae Xxx shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Xxx Mae may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

Mutilated, Destroyed, Lost or Stolen Residual Certificate. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Mae or the Certificate Registrar, or (ii) Xxxxxx Xxx receives evidence to its satisfaction of the destruction, loss or theft of any the Residual Certificate, and there is delivered to Xxxxxx Mae such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Xxx that such Residual Certificate has been acquired by a bona fide purchaser, Xxxxxx Mae shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Xxx may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Trust Fund as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement

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Mutilated, Destroyed, Lost or Stolen Residual Certificate. If (i) any mutilated Residual Certificate is surrendered to Xxxxxx Mae or the Certificate Registrar, or (ii) Xxxxxx Xxx receives evidence to its satisfaction of the destruction, loss or theft of any the Residual Certificate, and there is delivered to Xxxxxx Mae such security or indemnity as may be required by it to save it harmless, then, in the absence of notice to Xxxxxx Xxx that such Residual Certificate has been acquired by a bona fide purchaserprotected purchaser (as defined in Section 8-303 of the relevant Uniform Commercial Code (“UCC”)) and if the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, Xxxxxx Mae shall execute and the Certificate Registrar shall authenticate and make available, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Certificate, a new Residual Certificate. Upon the issuance of any new Residual Certificate under this Section 5.03, Xxxxxx Xxx may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate Residual Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the REMIC Trust Fund as if originally issued, whether or not the lost or stolen Residual Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement

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